Cool Justice: How perps evade accountability for racial harassment

As happens now and then, a victim of injustice approaches through a mutual friend.

The person might be a caregiver, falsely charged with shaking a baby and convicted as a result of a botched police investigation; widows who can’t get authorities to pursue the killers of their late spouses because, well, it would be too messy and the authorities are involved in sophisticated cover-ups; a mother who knows cops and prosecutors won’t pursue the trail of her missing son very far because, if justice was done, some of their peers would begin to fall like dominos; a daughter who relentlessly confronts powerful law enforcement authorities, knowing they are fronting for corrupt interests and squashing honorable cops who try to do the right thing no matter what the consequences.

Scraps of facts are hard to come by. Through diligent research, though, sometimes taking years, they begin to add up.

This time, I hear the story of a professional dark-skinned man from a beautiful island who labored 20 years in a dangerous power company job only to be assaulted, mocked and harassed with racial epithets before being fired on contrived and specious grounds.

The man, now in his 60s, presents as articulate, pleasant and peaceful as we meet for coffee. Holding photocopies of black dolls, caricatures of himself as “jungle boy” and cartoons about primates that were left by his work locker, he looks down at a table, more saddened than angry. This is his nature. He is a forgiving person.

He still fears for his personal safety, having been pushed into a door and being knocked unconscious on the job.

Some witnesses have come forward, giving statements detailing harassment by supervisors including calling the man a “stupid f---” and a “stupid n-----” and trying to keep him so busy on a shift that he would not be able to eat or take a break. A group of supervisors and their hatchet men routinely would “pick on people with disabilities,” a co-worker said in a statement.

The man, call him Bob, had recovered from a brain aneurism and two strokes before starting the job. Medical evaluations deemed him fit for work. One medical expert suggested the company give Bob an appropriate structure and support for areas in which he might have memory issues, e.g., using written notes and other cues to help complete tasks. Bob received positive evaluations. For example: “He works independently extremely well without close supervision. He consistently demonstrates drive and desire to improve [his] own performance.”

A medical evaluation also noted stress, tension and anxiety resulting from the harassment. “It would be prudent,” the evaluation stated, “to investigate his claims and take corrective action if such behaviors are in fact occurring in the workplace. By eliminating the tension and emotional distress that he may experience at work, his overall performance is likely to improve.”

This is what happened instead, Bob and witnesses said: While Bob was sitting on a stool changing out of his boots, a co-worker pushed Bob to the floor, knocking him unconscious. Another co-worker came upon the scene, noted Bob had been knocked out and helped him get up. Bob suffered significant neck and shoulder damage.

I went to see the co-worker who helped Bob twice and was able to speak with him briefly on the phone several times. Each time, he was too busy to talk about the incident but promised to call back. I surmise this fellow is fearful of coming forward, but he might make a good witness if subpoenaed to appear in court.

“This is what is burning a fire inside me,” Bob told me. “I want the company to admit what happened.”

Following the assault, Bob slipped and fell on some steps at work, suffering serious injuries to his ankle, shoulder and hand. He tried to keep working but eventually was transported to an emergency room. He was placed on medication and told to rest and elevate his splinted foot as part of treatment. A supervisor demanded Bob return to work for “light duty.” After several days of more demands, he reluctantly returned to work against medical advice. Ultimately, he was fired, allegedly for failing to organize certain files properly.

Bob has a long-standing civil suit against the company for ankle, shoulder and neck injuries which occurred in 1986, 1999 and 2003.

Last month, Bob’s lawyer notified him that the insurance companies for the former employer had “collectively extended a settlement offer of $12,000.”

“I believe it is a realistic figure,” the lawyer said, “and hence would recommend that you accept it … I believe that you will have an [uphill] battle” showing that the neck claim is work related …

And that is among the ways perpetrators avoid accountability for harassment and discrimination.

Actual accountability would require an admission of the facts, as well as adding a couple zeros to that $12,000 offer, then maybe multiplying it by a factor of anywhere from five to 50.

Andy Thibault is a contributing editor for 21st Century Media’s Connecticut publications and the author of Law & Justice In Everyday Life. He formerly served as a commissioner for Connecticut’s Freedom of Information Commission. Reach Thibault by email at tntcomm82@cs.com. Follow him on Twitter @cooljustice.